Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Series

Faculty Scholarship at Penn Law

2005

Legal Remedies

Articles 1 - 4 of 4

Full-Text Articles in Law

Preclusion In Class Action Litigation, Tobias Barrington Wolff Jan 2005

Preclusion In Class Action Litigation, Tobias Barrington Wolff

Faculty Scholarship at Penn Law

No abstract provided.


Liability Insurance As Tort Regulation: Six Ways That Liability Insurance Shapes Tort Law In Action, Tom Baker Jan 2005

Liability Insurance As Tort Regulation: Six Ways That Liability Insurance Shapes Tort Law In Action, Tom Baker

Faculty Scholarship at Penn Law

Leaving aside difficult to interpret doctrinal developments, such as the abrogation of traditional immunities, liability insurance has at least the following six impacts on tort law in action. First, for claims against all but the wealthiest individuals and organizations, liability insurance is a de facto element of tort liability. Second, liability insurance limits are a de facto cap on tort damages. Third, tort claims are shaped to match the available liability insurance, with the result that liability insurance policy exclusions become de facto limits on tort liability. Fourth, liability insurance makes lawsuits against ordinary individuals and small organizations into repeat ...


Running In Place: The Paradox Of Expanding Rights And Restricted Remedies, David Rudovsky Jan 2005

Running In Place: The Paradox Of Expanding Rights And Restricted Remedies, David Rudovsky

Faculty Scholarship at Penn Law

No abstract provided.


The Fda And The Tort System: Postmarketing Surveillance, Compensation, And The Role Of Litigation, Catherine T. Struve Jan 2005

The Fda And The Tort System: Postmarketing Surveillance, Compensation, And The Role Of Litigation, Catherine T. Struve

Faculty Scholarship at Penn Law

No abstract provided.